ISLAMABAD: The Supreme Court Friday upholding the Election Commission of Pakistan’s order dismissed the Pakistan Tehreek-e-Insaf (PTI) candidate’s application for re-poll in the entire NA-75 Daska.
The Election Commission of Pakistan on March 1st had declared by-poll in NA-75, held on February 19, as void, and ordered a fresh election on March 18, which was rescheduled on April 10, in view of the Supreme Court hearing of the matter.
However, the apex court, on March 25, had postponed the by-election, scheduled for April 10, 2021.
In the short order, Justice Bandial said the court had taken the decision in light of the law, the Constitution and its own jurisdiction.
The judge also remarked that "guidelines" would be issued to prevent similar incidents in the future.
A three-judge bench, headed by Justice Umar Ata Bandial, heard the PTI candidate, Ali Asjad Malhi’s petition against the ECP order to hold re-polling in the NA-75, due to law and order situation in many polling stations.
The PTI leader has filed an appeal against the ECP under Section 9 (5) of Election Act, 2017, and asked the apex court to set aside its order.
The ECP on 1st March decided that re-poll in the entire constituency (NA-75 Sialkot-IV) should be held.
During the proceeding, Justice Umar Ata Bandial asked the ECP counsel, Mian Abdul Rauf, to focus on the legal points.
He told the lawyer that the documents which he was relying on were not before the ECP, when it made the decision.
The counsel said the Commission’s order was based on the violation of the provisions of the Election Act, 2017.
Mian Rauf said that the Inspector General Police, Punjab and the district administration did not attend the calls of the ECP staff.
He said the firing incident took place in almost all the areas of the constituency.
Copyright Business Recorder, 2021
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